Skip to main content

What I've Been Reading This Week: New Laws Edition


I only came across a few articles this week that really jumped out at me; namely a couple that deal with new laws that will impact California and Massachusetts employers an employees over the next few months.  I always caution employers (and employees) in states with new employment laws like these to take the time to review the specifics of the law...failure to do so could open both employers and employees up for unwanted (and avoidable) exposure.

As always, below are a few articles that caught my eye this week.


6 Steps California Employers Should Take in Preparation for AB 1897

This is one of the better articles I have come across in regard to the impact that AB 1897 is going to have on California employers starting January 1, 2015.  For those not familiar with AB 1897, California employers will now be on the hook when labor contractors fail to follow the law.  (ie  a California employer has a labor contractor provide workers.  The labor contractor classifies the workers as independent contractors but the government rules they are actually employees.  Guess what California employer?  You are now on the hook too).  This article has a few things that employers should review ahead of AB 1897 becoming a law.  


Massachusetts Voters Approve Paid Sick Leave Law

Earlier this month on election day, voters in Massachusetts approved a paid sick leave law (referred to on ballots as Massachusetts Ballot Question 4.  Under the law set to take effect on July 1, 2015, employees that work in Massachusetts are entitled to earn and use sick time.  In essence, employees who work for employers that have 11 or more employees may earn up to 40 hours of paid sick time per calendar year.  Employees who work for employers with 10 or fewer employees may earn and use up to 40 hours of unpaid sick time per calendar year.  The article I have linked to this note includes additional information that both Massachusetts employers and employees should review.


Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies i...

What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...